Many parents are discovering the current options for education may not be suiting their children well. While many students have returned to regular, in class instruction, some are still receiving instruction virtually. For students who receive special education services, virtual learning can be very difficult and ineffective.
In our current education climate, many students with disabilities are not receiving the free and appropriate public education (FAPE) they are entitled to by federal law. Schools are having a hard time trying to figure out how to serve disabled students as required in their individualized education plans (IEPs) within the confines of virtual instruction, part time schedules, social distancing and other COVID-19 related mandates. Unfortunately, schools are still required to serve disabled students despite these limitations.
Nationwide, most disabled students are not receiving FAPE which has legal ramifications for school districts. More important however, there are students who are not learning, and many are also regressing socially and academically. If you are a parent or interested party of a student who has an IEP that is not being followed, there may be options available to you, but you will have to ask for them, be firm, and be persistent to get your child’s needs met.
For example, if tutoring can provide the service your child is missing, ask the special education administrator in your district to pay for a reasonably priced tutor to meet their obligation to your child. Explore 2-3 tutors in your area. Allow them to review the services portion of the IEP paperwork and be sure they are able to effectively serve your child. Take the information to the district and discuss options with them. Even if districts balk at the idea of paying for outside services, it will likely make fiscal sense to avoid a potential lawsuit for denial of FAPE.
If your child’s needs can be met in a private school or day care, with help from an outside speech or occupational therapist, a private life skills coach or any other professional outside of the district, present the possibility of temporary access to those services until the school is able to provide them again. If possible, make your initial request via email, asking for an appointment to meet and talk further about the services you are requesting. Schools are certainly able to serve parents this way but will not likely volunteer to step up and offer to pay for what they are obligated to do.
Districts don’t have to pay for outside services for your child, but they do have to provide them as agreed upon in your child’s IEP. If your district is not providing these services, ask them to pay for someone else to provide them.
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